Parental Rights & Obligations

questions & answers

Question: I am divorced and my ex took my children out of the state of arizona. She didnt give written notice of this and she lied to me and the children that she was moving some where else in the state what can I do to get my children back???

Answer:

Your situation is probably controlled by A.R.S. § 25-408, which discusses relocation of a child. In particular, Subsection (B) provides as follows: "If by a written agreement or court order both parents are entitled to custody or parenting time and both parents reside in the state, at least sixty days’ advance written notice shall be provided to the other parent before a parent may do either of the following: (1) Relocate the child outside the state; (2) Relocate the child more than 100 miles within the state.” Please note that this will require that you have either the right of the custody or the right to parenting time. This rule does not apply if the court has already granted permission for relocation, or if there was a previous, written agreement within the last year concerning that relocation. A.R.S. § 25-408 also provides different rules for when and how a parent may take a child out of state on a temporary basis if there is a pressing need. This pressing need may include the health, safety or employment of the parent.

Your question did not indicate whether you currently have any right to custody or parenting time. It is a good idea to review the divorce decree to find out exactly what the judge said about parenting time and custody. You should consult with an attorney to decide whether you wish to take legal action.